I-Med Northern Territory Pty Ltd

[2024] FWCA 3671

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

I-Med Northern Territory Pty Ltd

(AG2024/3562)

I-MED NORTHERN TERRITORY ENTERPRISE AGREEMENT 2024

Health and welfare services
DEPUTY PRESIDENT GRAYSON	SYDNEY, 22 OCTOBER 2024

Application for approval of the I-MED Northern Territory Enterprise Agreement 2024

Introduction

I-Med Northern Territory Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the I-MED Northern Territory Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 20 June 2024 and the Agreement was made on 27 August 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Regulation 2.06 Requirements

The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

National Employment Standards (NES) Precedence Term

Clause 27.8 of the Agreement provides that the employer and employees may by agreement substitute another day of work for a public holiday, or that the employer may substitute another day but not so as to give an employee less time off work than the employee would have had if the employee had received the public holiday. This appears inconsistent with s.115(3) of the Act which provides that an employer and individual employee may agree on the substitution of a day or part-day of a public holiday.

I note that in accordance with the NES precedence term in Clause 5 of the Agreement, this clause will be read and interpreted in conjunction with the NES.

Section 190 Undertakings

The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

The Australian Nursing and Midwifery Federation (ANMF) and the United Workers’ Union (UWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

In accordance with s.201(2), I note that the Agreement covers the ANMF and the UWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

I-Med Northern Territory Pty Ltd applied to the Fair Work Commission for approval of the I-MED Northern Territory Enterprise Agreement 2024. The dispute involved the terms of the proposed enterprise agreement between the employer, I-Med, and the employees represented by the Australian Medical Association (NT Branch). The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a fair and efficient workplace, whether it met the minimum entitlements set out in the Fair Work Act, and whether it complied with procedural requirements for enterprise agreements. The Commission also had to assess if the agreement was made in good faith and if it had been appropriately bargained. Additionally, the Commission considered whether the agreement provided for adequate employee representation and consultation mechanisms.

After reviewing the submissions and evidence presented, the Commission found that the proposed agreement met the necessary standards for approval. The agreement was deemed to provide for a fair and efficient workplace, complied with minimum entitlements, and was made in good faith. The procedural requirements were also satisfied, and the agreement included adequate provisions for employee representation and consultation. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission ordered that the I-MED Northern Territory Enterprise Agreement 2024 be approved and registered. The agreement would now serve as the basis for employment conditions between I-Med and the employees represented by the Australian Medical Association (NT Branch).

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established